Section 9 Restitution of Conjugal Rights and Section 10 Judicial Separation under the Hindu Marriage Act 1955
Sections 9 and 10 of the Hindu Marriage Act, 1955 deal with two different matrimonial remedies. Section 9 permits an aggrieved spouse to seek restitution of conjugal rights when the other spouse has withdrawn from his or her society without reasonable excuse. Section 10 permits either spouse to seek judicial separation on the statutory grounds referred to in that section.
Updated: 27 September 2026
Section 9 - Restitution of Conjugal Rights
Restitution of conjugal rights is a matrimonial remedy available when one spouse has withdrawn from the society of the other without reasonable excuse. The aggrieved husband or wife may present a petition to the competent district court. A decree is not automatic: the court must be satisfied about the truth of the petitioner's case and that there is no legal ground for refusing the relief.
Meaning of Section 9
In substance, Section 9 provides that where either spouse, without reasonable excuse, withdraws from the society of the other, the aggrieved spouse may petition the district court for restitution of conjugal rights. If the statutory conditions are satisfied, the court may pass a decree for restitution.
Reasonable excuse and burden of proof
The Explanation to Section 9 specifically addresses the burden of proof. Where the question is whether there was a reasonable excuse for withdrawal from the society of the other spouse, the burden of proving that reasonable excuse lies on the spouse who withdrew.
Whether an excuse is reasonable depends on the facts and legally relevant circumstances proved in the proceeding. The court also applies the general requirements governing matrimonial relief under the Act, including Section 23.
Section 10 - Judicial Separation
Judicial separation allows spouses to live separately under a court decree without dissolving the marriage. Under Section 10(1), either party to a marriage, whether solemnised before or after commencement of the Act, may seek judicial separation on any ground specified in Section 13(1). A wife may additionally rely on the grounds specified in Section 13(2).
Legal effect of a decree under Section 10
Once a decree for judicial separation has been passed, it is no longer obligatory for the petitioner to cohabit with the respondent. Under Section 10(2), either party may later apply to the court to rescind the decree, and the court may do so if, after being satisfied about the statements in the petition, it considers rescission just and reasonable.
Restitution of Conjugal Rights and Judicial Separation - Key Difference
The remedies operate in opposite practical directions. A petition under Section 9 asks the court to restore marital cohabitation where one spouse has withdrawn without reasonable excuse. A decree under Section 10 permits the spouses to remain apart while the marriage continues to subsist. Neither remedy by itself dissolves the marriage.
Related Hindu Marriage Act Provisions
Readers considering Sections 9 or 10 should also examine Section 13 - Divorce, because Section 10 expressly adopts the grounds in Section 13(1) and, for a wife, Section 13(2). Jurisdiction is governed by Section 19; petition requirements by Section 20; and conditions for granting matrimonial relief by Section 23.